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HomeMy WebLinkAboutPD 04-15; Jahan, Michael H & Valeria L; 2005-0791807; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2005-0791 807 ! ilIilil6 Ill iltil lllll lllll1111111111 illll illll11lll llllllllll Ill1 Ill1 1 Illill lilil lllll lllil llili 11111 lllli illll1111111111Il111 lllll 11111 lllll1111111 SPACE ABOVETHIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 205-1 60-09 PROJECT NO. & NAME: PD 04-15 JAHAN RESIDENCE HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 422-1A) for development to occur on property described as Lot 12 of Belledonna Heights Uni No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4025, filed in the Office of the County Recorder oi San Diego County on December 4, 1958, more particularly described as (APN No. 205-160-09), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Michael H. Jahan and Valerie L. Jahan, as Trustees under The Michael H. Jahan and Valerie L. Jahan Living Trust dated November 21, 2001, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 1 H:/Development ServcieslMasterslBonds 8 AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98 It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this rrc day of 3Ukuht , 2045 PROPERTY OWNERS Michael H. Jahan and Valerie L. Jahan, as Trustees under The Michael H. Jahan and Valerie L. Jahan Living Trust dated NovembHl, 2001 Michael H. Jahan, Trustee (print name and title) Date: //.F/o -5- By: h CY (sign h&e) Valerie L. Jahan. Trustee (print name and title) F Date: //F /os APPROVED AS TO FORM: RONALD R. BALL City Attorney BY:-- eputy City Att rney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 2 H:lDevelopment ServcieslMasterslEonds & AgreemenWHold Harmless Agt Geological Fallure Rev. 12/08/98 State of California 1 Lo54W6-ee 1 County of-Sa+Rego 1 beforeme, 7~l5T1t-J A. MCWrJ'E:L I PJorQQ' QdJBLcC , (Date) (Name, Title of Officer) \IALEaIE L. 3F%HRJ - personally appeared P cHh EL 14 * ti*d I (Name[ s] of S ig ner [ s] ) P -L personally known to me -OR -% (proved to me on the basis of satisfactory evidence) to be the person@) whose name@) isesubscribed to the within instrument and acknowledged to me that he/shc&& executed the same in hidher@ authorized capacity(ies), and that by his/her@ signature@) on the instrument the person@), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal c (This area for official notary seal) Date of No. of Pages Document TfWdw! 023 zoos -3- Signer(s) other than named above 3 H:IDevelopment SeNciesNasterdBonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98